The issue of how the state assesses the ability to work for people with chronic illnesses has once again come into focus after a court ruling in the Basque Country. A 63-year-old woman who worked as a cleaner faced a denial from Social Security to recognize her right to a disability pension, despite serious health problems. The court proceedings highlighted just how difficult the path to receiving social support can be for those whose illnesses are not always visible, but significantly limit their ability to work.
The woman, born in 1963, worked in the cleaning sector for many years. Over time, her condition worsened: fibromyalgia, pronounced arthritis in her hands, chronic back pain, osteoporotic changes in her spine, Haglund’s deformity in her foot, and depressive disorder made performing her usual duties impossible. According to Talent24h, she suffered constant pain, could not clench her fist or grip objects, and also had trouble working while standing or bending — all of which is critical for a physically demanding job.
Social Security’s refusal
Despite obvious limitations, in January 2024 the provincial branch of the INSS in Biscay refused to recognize a woman’s disability. The argument was standard: according to the agency, the combination of illnesses had not reached the level at which a person is considered unfit for work. A subsequent administrative appeal also yielded no results. Only after taking the matter to court did the situation change.
Court position
First, the labor court in Bilbao, and then the Superior Court of the Basque Country, sided with the plaintiff. The key factor was that the judges considered not each illness separately, but their overall impact on the ability to perform professional duties. It was noted that cleaning work requires constant use of the hands, dynamic standing, and mobility, which become impossible given her diagnoses.
The court also took into account the expert opinion: due to nodes in her hands, the woman could not firmly grip cleaning tools, and problems with her leg and ankle made it impossible to work without pain. The chronic and progressive nature of her illnesses left no hope for improvement.
Amount and conditions of the pension
As a result of the court’s decision, the woman was awarded a disability pension at 75% of her base salary — that is, €1,248.02 per month. If she decides to combine the pension with other work, the amount will drop to 55%. This approach by the court highlights the importance of a comprehensive assessment of health rather than a formal approach to individual diagnoses.
Significance of the decision
This case once again raises the question of the criteria used by state authorities to determine the degree of work capacity. The court’s decision may set a precedent for other employees with chronic illnesses whose rights to social protection have been challenged. It is important to note that similar changes in the approach to social support are taking place in other areas as well: for example, the automatic transition to Ingreso Mínimo Vital after unemployment benefits expire, as detailed in the article about the new rules for the unemployed in Spain.
